NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.10-100(30) authorizes the Environmental and Public Protection Cabinet to
promulgate administrative regulations. This administrative regulation defines
essential terms that are used in 401 KAR Chapter 32. Some federal terms have
been modified to conform to Kentucky statutory mandates. Definitions contained
in KRS Chapter 224 have been referenced to the appropriate statutory citation.
Some terms do not have a federal counterpart and have been added to clarify requirements
and provisions of KRS Chapter 224 and 401 KAR Chapter 32.

Section 1. Definitions. Except as
provided in this section, the definitions established in 40 C.F.R. 260.10,
effective September 9, 2005, shall apply.

(12) "Site" means the land or
water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the waste facility or activity.

(13) "Solid waste" is defined
in KRS 224.01-010(31)(a).

(14) "Special waste" is
defined by KRS 224.50-760(1)(a)

(15) "Storage" is defined by
KRS 224.01-10(28).

(16) "Storage facility" means
a facility or part of a facility:

(a) At which hazardous waste is held
for a temporary period, at the end of which the hazardous waste is treated,
disposed of, or stored elsewhere; and

(b) That does not include a generator
who accumulates his own hazardous wastes in an approved manner for less than
ninety (90) days for subsequent transport on-site or off-site.

(17) "Transfer facility" is
defined by KRS 224.01-10(48).

(18) "Transportation" is
defined by KRS 224.01-10(29).

(19) "Treatment" is defined
by KRS 224.01-010(30).

(20) "United States" means
the Commonwealth of Kentucky.

(21) "Used oil" is defined by
KRS 224.50-545(2)(a).

(22) "Water" is defined by
KRS 224.01-10(33).

Section 2. Substitution of Federal
References. (1) The following federal parts and subparts, which are cited by
federal regulations referenced in 401 KAR Chapter 32, shall be substituted with
the state administrative regulations listed below.

(2) The requirements of the following
federal regulations, which are referenced in 401 KAR Chapter 32, shall also
include the modifications, exceptions, and additions that are specific to the
Commonwealth of Kentucky set forth in the following state administrative
regulations referenced in the table below.

(3) The following federal regulations,
which are cited by the federal regulations referenced in 401 KAR Chapter 32,
shall be replaced with the state administrative regulations as identified in
the table below.